Federal Appeals Court Reinstates Retaliation and Interference Claims Under FMLA

When Cathleen Graziadio temporarily left her position as a payroll clerk at the Culinary Institute on Long Island, New York to tend to her two sons who were each hospitalized within 2-weeks of each other her attempts to submit paperwork for leave under the Family and Medical Leave Act (“FMLA”) w...
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employment agreement

Stop! Don’t sign that Employment Agreement until you speak to an Attorney

  Unfortunately, at least three times a year we have to explain to unwary clients that they cannot work for a certain company due to a restrictive covenant in their employment agreement, employee handbook, or company policy.  The disbelief lingers for quite some time – “How can they stop me fr...
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Supreme Court Rules to Limit Ability of Plaintiff to Sue State Employers for FMLA Violations

The Family and Medical Leave Act, passed in 1993, permits individuals to sue their employers for failing to provide time away from work under certain circumstances, including time to recover from an illness. The Supreme Court this week, in Coleman v. Court of Appeals of Maryland (10-1016), ruled tha...
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Teacher’s Termination for Posting “Repulsive” Comments to Facebook Overturned

A Manhattan court ruled that a teacher who posted comments to Facebook should not have had her employment terminated, since such a punishment “shocks one’s sense of fairness” and is “inconsistent with the spirit of the First Amendment.” The tenured teacher in this case, Matter of Rubino v....
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Employees Fight Back the Indecency Behind the Scenes in Swanky Midtown Restaurant Le Colonial

A group of 13 Chinese employees fired from their positions at fancy midtown restaurant Le Colonial are now suing their former employer alleging discrimination and retaliation.  The group of workers claim that they were forced to work in unacceptable and offensive conditions. The complaint alleges t...
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NJ Court: Employer that restricts an employee from grieving in the workplace is not actionable conduct that entitles one to damages

 New Jersey mother Cecelia Ingraham, who openly grieved the death of her beloved daughter in the workplace, has lost her appeal against former employer Ortho-McNeil Pharmaceutical, in Raritan, New Jersey, where she had previously worked as an administrative assistant in the marketing department for...
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